193 So. 3d 633
Miss.2016Background
- Caldwell Tarvin was admitted to Pleasant Hills; his daughter Debra signed the Admission Agreement as his "Responsible Party"; Caldwell did not sign. The Agreement contained an arbitration clause.
- Caldwell was hospitalized in January 2011 with severe decubitus ulcers and died May 8, 2011; Debra sued Pleasant Hills for wrongful death and related neglect claims.
- Pleasant Hills moved to compel arbitration, asserting the family could bind Caldwell because a primary physician had determined he lacked capacity under the Mississippi Uniform Health-Care Decisions Act.
- Trial court permitted limited discovery, Pleasant Hills supplemented the record with medical notes (including records referencing Dr. Cassandra Thomas and an August 2007 hospital discharge), and the court granted the motion to compel arbitration.
- Debra appealed, arguing no primary-physician determination of incapacity existed and family members lacked legal authority to bind Caldwell to arbitration.
Issues
| Issue | Plaintiff's Argument (Tarvin) | Defendant's Argument (Pleasant Hills) | Held |
|---|---|---|---|
| Whether a valid arbitration agreement exists because a surrogate properly bound the decedent under the Uniform Health-Care Decisions Act | No; no evidence Caldwell’s primary physician determined he lacked capacity or that family had authority to bind him | Yes; Dr. Thomas was the primary physician who determined Caldwell lacked capacity, so Debra could act as surrogate and bind him | Reversed: Pleasant Hills failed to show Dr. Thomas was the primary physician; arbitration not compelled |
| Whether "primary physician" requirement under the Act was satisfied | The record contains no designation of Dr. Thomas as primary physician; attending physician named in admissions form was Dr. Robert Smith | Dr. Thomas undertook responsibility and made the capacity-diagnosis, satisfying the Act | Held: Record does not support that Dr. Thomas undertook primary responsibility; statute’s strict requirement not met |
Key Cases Cited
- Tupelo Auto Sales, Ltd. v. Scott, 844 So. 2d 1167 (Miss. 2003) (de novo review of order compelling arbitration)
- Adams Cmty. Care Ctr., LLC v. Reed, 37 So. 3d 1155 (Miss. 2010) (FAA applies to nursing-home admission arbitration clauses)
- Hattiesburg Health & Rehab Ctr., LLC v. Brown, 176 So. 3d 17 (Miss. 2015) (primary physician must determine lack of capacity under the Act)